DUI Drugs

Operating Under the Influence of Drugs

Every day we are seeing more and more arrests for driving under the influence of drugs. In Massachusetts, this charge requires prosecutors to prove that a person is under the influence of a specific substance. Often the prosecutors try to use the testimony of a so-called “drug recognition expert” (DRE) to say that a person is exhibiting the symptoms of marijuana, narcotics, a stimulant, or CNS depressants. Having experienced OUI drugs defense attorney on your side is necessary to defend against these charges.

Murat Erkan and Ryan Sullivan have handled many OUI Drug cases both as prosecutors and as skilled OUI drugs defense attorneys. We have filed motions to prevent DREs from testifying, which have crippled the prosecutor’s ability to proceed with their case. When the prosecutors have additional evidence, our attorneys push towards trial, resulting in cases getting dismissed or negotiating reduced charges to avoid the consequences of a DUI drugs conviction.

Case Example: Our attorneys represented a client in the Lowell District Court who was charged with DUI drugs. The client was taking prescribed medication for narcolepsy when a crash occurred. We were able to keep the DRE testimony out of the case, pushed for a trial, and when the prosecutor sought additional time, was granted a dismissal of all the charges.

What Can Happen if I am Convicted of an OUI Drug Charge

The penalties for a DUI drugs charge can be severe. Depending on whether it is charged as a first offense or subsequent offense, the penalties can involve:

• Fines from $500 to $50,000
• Prison time up to five years
• Minimum periods of jail up to 2 ½ years
• Two-week inpatient alcohol treatment
• License loss from 90 days to life
• And other penalties

These penalties are in addition to increased insurance premiums, the cost of driving classes, registry fines, and other fines and fees. Many times we are able to negotiate a reduced sentence for a client charged with an OUI drugs case. This happens by readying the case for trial, requiring the prosecutor to present a case, and then pointing out the flaws in the government’s case. Having skilled DWI drugs defense attorneys is key to achieving the best result possible.

License Loss

The punishment for a conviction of an OUI drugs charge is separate from the license loss implications. We have represented several individuals who have been subject to an “immediate threat” suspension in connection with their DUI drugs charges. When the police file an immediate threat, the Registry of Motor Vehicles will suspend a driver’s license, often until the case is concluded. Having a skilled OUI drugs defense attorney to fight to get you the best result in the shortest time possible can help you get back on the road quickly.

Call Our Skilled OUI Defense Attorneys Today

If you or a loved one are charged with an OUI drugs charge, call Erkan & Sullivan at (978) 474-0054 or e-mail us to schedule your consultation and discuss your options. The sooner you call, the sooner you can begin to plan your defense and get back on the road and on with your life.